Neighbor thinks he owns my land?

[rsewill]

Adverse possession exists to prevent people from being thrown off land they have lived on for many, many years just because the courthouse burned down and some ruthless robber baron laid claim to the land. Obviously this is 19th century law not needed as much today. Now we have eminent domain to take from the poor and give to the rich. And for abandoned property.

 

[Jstpssng]

Adverse possession exists to prevent people from being thrown off land they have lived on for many, many years just because the courthouse burned down and some ruthless robber baron laid claim to the land. Obviously this is 19th century law not needed as much today. Now we have eminent domain to take from the poor and give to the rich. And for abandoned property.

Ouch, rather cynical outlook... but way too true. I can see eminant domain incertain applications, but not becuse "we need a supermarket"

 

[EddieWalker]

My understanding of the requirement to take ownership of part of a neighbors land here in Texas is that you have to be actively using that land in an open way, like a driveway, and you have to be paying the taxes on that land that you are using for 7 years before you can attempt to take ownership of that land. Just squatting or tresspassing doesn't qualify, no matter how long you have been doing so.

Because there are so many versions to this, and there is more myth and rumor to what is involved, the only way to know for sure is going to be to read the law for yourself, talk to some experts who are familiar with the law and/or hire legal councel who will put it in writing for you.

Until the survey comes in, nothing else really matters.

Eddie

 

[mjw357]

They can claim the land in Ohio after seven years of maintaining the land. You can file a letter of understanding in Ohio in the county courthouse that states that they are allowed to use your land but have no legal rights to it after the seven years but the letter must be on file. In Ohio this has to be done. Been there. Done that. Personally. I would run their darn butts off of my property.

It's 21 years in Ohio, and it has to be continuous. And it has to be open, notorious and hostile. And at the end of the 21 years, there has to be a judgement to make it legal.

 

[riptides]

I would not worry about an adverse claim too much. Those things always end up in court.

I would not even go bother with the neighbor.

I'd do the survey, mark the property, and note trespasses accordingly. Then send out a registered mail to the "trespasser", saying something to the fact that only by written permission will they be "allowed" to "use" your land.

 

[Garybake]

When we took ownership of our 20a parcel, our one neighbor had hunting trailers (pieces of junk) all over our property by his side (3 aluminum mouse ridden pickup campers). When we had it surveyed we paid extra to have it staked every 50' (closest they would stake). Had another neighbor drag the junk trailers out for scrap for himself when he refused to move them.
Point of Story;
We got prepared before survey by buying a large quantity 10' 1/2" rerod that I ran through a chopsaw every foot:confused2:. PITA but worth it. As soon as they finished we took 5 gln bucket with rerod (HEAVY) and drove a rod in every 25' (one between stakes and at stake). Week later neighbor pulled all stakes on his side and tried to pul corner post but that is a barbed piece that can not be pulled. Just managed to crack off alluminum head w/ coordinates. After posting complaint with DNR to investigate cracked and abused corner post we restaked area with wood stakes by using metal detector. Sure enough he pulled them up but does not know of rerod. I started installing T posts on that side last summer using that rerod and in fall he pulled and took them about two dozen. Point is, survey was done in 2008 and he thinks I am repaying surveys thanks to our rerod secret. Some (when we could) we pounded through tree roots knowing those were staying forever. It is just one half of a side and he is a bad drunk. Do not expect him to live much longer. All other sides have been cracked by animals/hunters but we can easily remark.
I suggest invest in rerod and cut 12" pieces to cover that side as you know it will always be questioned
Worth doing just remember how heavy a sledge and 5 gln bucket filled with steel can be.:thumbsup:

 

[two_bit_score]

I would not worry about an adverse claim too much. Those things always end up in court.

I would not even go bother with the neighbor.

I'd do the survey, mark the property, and note trespasses accordingly. Then send out a registered mail to the "trespasser", saying something to the fact that only by written permission will they be "allowed" to "use" your land.

And then fence off the property. Said and done. Problem over. Hopefully.



.

 

[kf4uda]

Week later neighbor pulled all stakes on his side and tried to pul corner post but that is a barbed piece that can not be pulled.

I don't know how the laws are there but in TN that could have gotten him a fine of $5000 per stake and some prision time.

 

[beppington]

I don't know how the laws are there but in TN that could have gotten him a fine of $5000 per stake and some prision time.

Proof might be difficult.

 

[mjw357]

If you want to do it right, have the surveyor help you set concrete monuments at the corners. Get your auger out and dig 8" diameter holes, 48" deep. Fill with concrete and have surveyor place 3/4" steel rod in the wet concrete with his cap on top, flush with said concrete. You will need heavy equipment to remove it.